Dennis Itumbi had landed in trouble following what was alleged as publishing of fake letter on DP Ruto's assassination claims.
On Wednesday, the former State House Digital Director was put on his defence in the criminal charge over the fake letter, that circulated few months ago alleging a plot to assassinate Deputy President William Ruto.
"Having analyzed the evidence before this court, I find that the prosecution has proved the case in mention beyond reasonable doubt to warrant the accused person to be placed on their defence," Milimani chief Magistrate Martha Mutuku said in the ruling.
Mutuku further directed the matter to be mentioned on Thursday to fix the date for the defence hearing against the two.
Itumbi, through his lawyer also asked the court to acquit him of the three charges against him, that of making false documents, publishing false documents and reprogramming a phone for lack of enough evidence.
"That the prosecution has not made out a case which the court can be interested in his defence," Itumbi's lawyer Katwa Kigen asked the court.
Kiigen further argued the charge of crafting a false document under Section 66 of the Penal Code is unconstitutional.
This is after the High Court decision in the case of blogger Cyprian Nyakundi this year.
The former State House Digital Strategist also said that deleting of messages does not amount to reprogramming a phone as the state alleged before the court.
"No credible, consistent and viable evidence and exhibits have been presented in this court to to assist in making a sufficient case for my client to answer," lawyer Katwa Kigen told the judge in the court.
In DP Ruto's alleged assassination case, the prosecution led by Anderson Gikunda, called eight witnesses to prove the charges against Dennis Itumbi and his co-accused blogger Samuel Gateri.
Dennis Itumbi's lawyer Katwa Kigen further argued that the forensic report which was supposed to prove, demonstrate and establish the three charges against his client does not allege the accused committed any of the alleged crimes as mentioned to him by the court.
Lawyer Katwa Kigen also argued that no search warrant and seizure was obtained before the phones and documents were taken from his client, and the state was dealing with the case in an unconstitutional manner.
Do you think Uhuru is using the court to frustrate DP Ruto's supporters? Let us hear your reaction in the comments section below.
Did you find this article useful? Like, share and leave your comments. Press the follow button at the top right of this page to get more news. Thank you
Content created and supplied by: Mzito14 (via Opera News )
Opera News is a free to use platform and the views and opinions expressed herein are solely those of the author and do not represent, reflect or express the views of Opera News. Any/all written content and images displayed are provided by the blogger/author, appear herein as submitted by the blogger/author and are unedited by Opera News. Opera News does not consent to nor does it condone the posting of any content that violates the rights (including the copyrights) of any third party, nor content that may malign, inter alia, any religion, ethnic group, organization, gender, company, or individual. Opera News furthermore does not condone the use of our platform for the purposes encouraging/endorsing hate speech, violation of human rights and/or utterances of a defamatory nature. If the content contained herein violates any of your rights, including those of copyright, and/or violates any the above mentioned factors, you are requested to immediately notify us using via the following email address operanews-external(at)opera.com and/or report the article using the available reporting functionality built into our Platform See More